General Terms & Conditions
Last updated: 02/09/2024, 11:20
1. Our Services
Jog it on is an online auction marketplace providing an exciting and convenient way to buy and sell goods over the internet.
The Jog it on Website (www.jogiton.com) operated by us, Jogiton Online Limited, provides an online auction facility through which sellers can sell and buyers can buy goods (the Services).
Jogiton Online Limited is a company registered in England and Wales under number 15010475 and whose registered office is at Mentor House, Ainsworth Street, Blackburn, Lancashire, BB1 6AY. Our VAT registration number is 454 4128 02. You can contact us at contact@jogiton.com.
All users of our Services must agree to these General Terms and Conditions, our Listing Rules, our Acceptable Use Policy, our Privacy Policy and our Cookie Policy.
Where you are a Business Seller (someone who is selling goods in the course of their trade, business, craft or profession), you must agree to our Additional Terms for Business Sellers.
If you are an individual (not acting in the course of their trade, business, craft or profession) buying from a Business Seller, our Additional Terms for Consumers will apply.
It is important that you read and understand these terms and conditions before using the Services. By confirming your agreement to these terms and conditions, or by accessing or using the Services, you agree to be legally bound by these terms and conditions, as they may be modified from time to time.
If you do not agree to our terms and conditions, you must not use our Services.
We reserve the right to change any of our terms and conditions at any time. Amendments will take effect when posted on our Website. However, the terms and conditions current as at the start of a particular transaction will apply until that transaction is completed. Every time you wish to use our Services please check these terms and conditions to ensure you understand the terms that apply at that time. We will try to give you reasonable notice of any major changes.
2. Our Role
Jog it on is a place for sellers to auction and sell goods and for buyers to bid for and buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage do we ourselves auction, buy or sell or purport to auction, buy or sell any of the items displayed on our Website. Any disputes between buyers and sellers must be resolved directly or via the PayPal Resolution Centre: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal and the goods that you buy or bid for. We will not screen the parties or goods on your behalf, and this is a feature of the relationship between you and us that you willingly accept.
3. Registration and qualification to use the Services
3.1 You are required to register with us by completing the Registration Form and submitting it to us.
3.2 Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts. Any individuals who are unable to form legally binding contracts are prohibited from using the Services.
3.3 The Services are only for the benefit of buyers and sellers in Great Britain. Traders and businesses and individuals outside of Great Britain are not authorised to use the Services.
3.4 The Services may only be used to sell items that are already in Great Britain (being England, Scotland and Wales, but not Northern Ireland) at the time of their sale. It is not permitted to list items which will be imported Great Britain on or after their sale, as this could have VAT and customs implications.
3.5 By registering you are making a statement, upon which we are entitled to rely, that:
3.5.1 if you are an individual, you are aged 18 years or older.
3.5.2 you are capable of forming a legally binding contract.
3.5.3 you are resident in Great Britain
3.6 On occasions certain individuals and businesses may be refused access to the Services. Such suspensions shall be within our sole discretion.
3.7 All information you provide shall be accurate and complete and all registration details shall contain your correct name, email address, home address and date of birth (when requested), mobile number, PayPal account details (where you are a seller) and other requested details. You must inform us if any of this information changes or is incorrect.
3.8 We may at any time require further information from you and documentary evidence to verify that information, in order to comply with our obligations under applicable laws and regulations, to assess the risk of fraud, or where we have reason to believe the information you have supplied may have changed or is incorrect.
3.9 Under the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023, we are in certain circumstances legally required to supply information to HMRC about our sellers and the transactions completed using our Services. This includes the seller’s full name, address, date of birth, national insurance number, the number of sales completed by that seller, the consideration paid in relation to those sales and any selling fees deducted. You will on request provide us with such information and documentary evidence as we may reasonably require to enable us to comply with our obligations. You authorise us to check the information provided, including by means of third-party agencies or databases. We reserve the right to suspend or terminate your access to the Services if you fail to provide such information or documentary evidence when requested.
4. Information you provide
4.1 You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our Services, for example during the registration, listing or bidding process.
4.2 Such information shall be legal, decent, honest and truthful, shall comply with our Acceptable Use Policy, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites.
4.3 We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or other legal rights.
4.4 You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
4.5 You warrant that any material you upload or post will comply with these terms and conditions, and you are liable to us and shall indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5. Security
5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification code and/or password which may be given to or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
5.2 We use Paypal as a third party payment service provider to secure and protect your payment information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Services.
6. Availability of Services
While we will use our reasonable endeavours to make our Services and Website available but we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale. We may suspend our Services at any time for technical or operational reasons. We will endeavour to give you reasonable notice of any planned suspension by posting a notice on our Website.
7. General rules governing bidding and buying
7.1 To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you agree to “buy it now” an item or if you are the highest bidder for an item (above any applicable reserve) after an auction has closed, you must complete the transaction.
7.2 You may not retract a bid once made.
7.3 Your placing of a bid entitles us and any seller to rely on your bid and as a result you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction.
7.4 Sellers are entitled to set an applicable minimum reserve price for their items. They can consider but are not obliged to accept the highest bid below this reserve price.
7.5 If you click the “buy it now” option for an item or if you bid for an item and have placed the highest bid at or above any reserve price at the close of the auction (or if the seller agrees to sell to you as the highest bidder below the reserve price), you acknowledge and agree that you have at that point entered into a contract with the seller to buy that item and will pay for it within the next 5 days. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller.
7.6 Once you have paid for the item in accordance with paragraph 9 below, we will notify the seller that payment has been received. They then have 7 days in which to contact you to arrange for you to collect the item or, if they have agreed to deliver it, arrange for delivery of the item.
7.7 Unless an item’s Listing Information specifies otherwise, all prices are exclusive of any delivery or insurance costs and it is for the buyer to arrange with the seller for the collection and delivery of the item (at the buyer’s expense).
8. General rules governing listing and selling
8.1 In relation to all goods you sell or offer for sale through the Services:
8.1.1 you must be the absolute unencumbered legal owner with the right to sell those goods; and
8.1.2 your sale or the use of the goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current list of prohibited items (see our Listing Rules).
8.2 If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such additional information as we may request (together, the Listing Information). Once you post the Listing Information, the item becomes a Listed Item. Once an item becomes a Listed Item, you are making an irrevocable offer to auction or sell that item.
8.3 It is the seller's responsibility to check all of the Listing Information. Where we provide an AI tool to suggest wording for an item’s descriptions, you must check and amend the suggested wording to accurately reflect your item. We take no responsibility for any such suggested wording.
8.4 The seller shall, in an item’s Listing Information, specify whether it is prepared to arrange and pay for delivery of the Listed Item to the buyer, in which case the price of the Listed Item should specifically refer to any delivery charges payable, including any applicable VAT. These charges will be added to the price payable for the item.
8.5 We may temporarily or permanently remove any item that does not comply with our Listing Rules or where the seller has not complied with these terms and conditions.
8.6 A Listed Item will remain listed until:
8.6.1 it is sold; or
8.6.2 the seller-specified listed time expires; or
8.6.3 the seller de-lists it (where no bids or “buy it now” orders have been received for the Listed Item); or
8.6.4 we receive written notice via email from you that you wish to de-list it and we agree to de-list it.
(We will usually only agree to de-list a Listed Item at your request if in our reasonable opinion there is an acceptable reason to de-list, such as an accidental error or omission in the Listing Information.)
8.7 Any seller receiving a “buy it now” order for a Listed Item is obliged to complete the transaction with the “buy it now” buyer unless the buyer fails to meet the terms of the listing, or the seller is unable to authenticate the identity of the buyer, or the buyer does not pay for the item.
8.8 Any seller receiving at least one bid at or above any stated applicable minimum reserve price for a Listed Item is obliged to complete the transaction with the highest bidder following closure of the auction unless the buyer fails to meet the terms of the listing, or the seller is unable to authenticate the identity of the buyer, or the buyer does not pay for the item within 5 days.
8.9 If you list items for auction at a minimum reserve price, you have the option to consider bids received below that reserve price.
8.10 You must not directly or indirectly place bids on Listed Items you offer for sale or manipulate bidding in any other way.
9. Payments
9.1 All payments must be made in £ Sterling via PayPal. Payment by any other method is not permitted and is a breach of these terms and conditions.
9.2 To open an account as a seller and list an item for sale, you must connect a verified PayPal account.
9.3 The seller is responsible for the payment of any fees charged by PayPal on the transfer of funds to them (which will be charged and deducted by PayPal in accordance with their standard terms and conditions).
9.4 In addition to the price of an item purchased, all buyers will pay our fee, calculated as a percentage of the final price of the item.
9.5 Our fee is payable by all buyers on each item purchased. This fee may vary from time to time, whether generally or in relation to certain categories of goods but our default fee is 9% of the total sale price of the goods purchased (excluding any applicable delivery charges and any VAT), plus VAT on our fee at the applicable rate. Our fee will be added automatically to the price and be paid at the same time as the price of the goods purchased. We will provide a receipted invoice to the buyer for our fee.
9.6 Buyers are responsible for any costs of delivery and any insurance costs unless stated otherwise in the Listing Information.
9.7 The seller and buyer are responsible for all taxes applicable on any sales or purchases made using our Services (apart from on our fee).
10. Collection or delivery
10.1 Unless an item’s Listing Information specifies otherwise, all prices do not include delivery and it is for the buyer to arrange with the seller for the collection and delivery of the purchased item (at the buyer’s expense).
10.2 Once we receive confirmation from PayPal that the buyer has paid for the item in accordance with paragraph 9 above, we will notify the parties that payment has been made and the parties should contact each other through the View Order page to arrange for delivery/collection as per the Listing Information. Where the seller is to arrange for delivery it shall do so within 7 days of payment being confirmed.
10.3 Where the item is to be collected, we will also provide the buyer with a 6 digit code which the buyer should provide to the seller on collection, as evidence of purchase.
10.4 The buyer is responsible for the items once they have been collected by or on behalf of the buyer or are delivered to the address specified by the buyer for delivery. In other words, the risk in the purchased items passes to the buyer when it takes, or a third party acting on its behalf takes, possession of the items.
11. Disputes
11.1 As highlighted above, the sale and purchase is between the seller and the buyer and Jogiton Online Limited is not a party to that transaction. We are not responsible for any issues arising between the seller and the buyer. At no stage during any transaction does or will we become contractually involved. Should any of the goods displayed on our site and subsequently sold via our site prove unsatisfactory, we cannot be held responsible in any way due to the absence of our contractual participation in the transaction. We provide a forum for the transaction and do not, and do not purport to, buy or sell any of the goods listed on our site.
11.2 Unless you are buying from a Business Seller, goods can usually only be returned to the seller if they prove to have been both materially and incorrectly described when listed.
11.3 Any dispute relating to the sale and purchase of an item using our Services (for example if an item isn’t delivered or when it arrives it is not as described by the seller) should be referred to PayPal who will endeavour to resolve it under its Buyer and Fraud Protection Program. For further details and for a copy of PayPal’s terms and conditions please see https://www.paypal.com/li/webapps/mpp/paypal-safety-and-security.
11.4 We must emphasise that under no circumstances will we accept the return of any goods directly to us. Due to the absence of any contractual responsibility, Jogiton Online Limited is not able to accept any goods that any buyer wishes to return. Any item to be returned must be returned to the seller and NOT to us.
12. Privacy policy
We take privacy issues seriously. Our Privacy Policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our Privacy Policy.
13. Feedback, reviews, messaging and user generated content
13.1 The Services allow sellers and buyers to message each other and following completion of a transaction, the buyer will be invited to give feedback on that transaction and possibly to review the items purchased. All such feedback, messaging, product reviews and any other user generated content must comply with our Acceptable Use Policy.
13.2 We do not check or approve user generated content prior to it being published on our Website but reserve the right to remove any such content we consider to be inappropriate and block the author of such content from using the Services in the future.
13.3 If you are a seller, you must not directly or indirectly contact buyers either to encourage them to submit any review or a favourable comment or to change or withdraw a comment or review. You must not encourage buyers and other people to submit reviews of products they have not purchased on Jog It On.
13.4 The views expressed by other users on our Website do not represent our views or values.
13.5 If you become aware of any material that is illegal or could comprise or be connected to child abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately by emailing us at contact@jogiton.com.
13.6 If you wish to complain about any other content on our Website, please email us at contact@jogiton.com.
13.7 We may use automated software and algorithms to detect content uploaded or posted by users that is contrary to these terms and conditions and our Acceptable Use Policy. We reserve the right to remove any non-compliant material without notice. Our use of such automated software shall not be interpreted as an undertaking to monitor or actively search for unlawful activity or non-compliant material.
14. Termination
We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
14.1 act in breach of these terms and conditions;
14.2 at any time violate or attempt to violate any rights of any other user of the Services or third party;
14.3 are engaged in any fraudulent activity; or
14.4 fail to make any payments due in accordance with these terms and conditions.
15. Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
16. General release
16.1 As discussed above, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.
16.2 Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings or the capacity of any seller or any buyer to transact.
16.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
16.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and Website.
16.5 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our Website may contain technical inaccuracies or typographical errors. All liability of Jogiton Online Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
16.6 Please note that we do not accept any liability for any loss of profit, loss of business, business interruption, loss of business opportunity, or any other losses of a business or commercial nature.
16.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
17. Intellectual Property
Jogiton Online Limited is the proprietor of all and any intellectual property rights in the Website (excluding any user generated content) and the Jog it on trading style and brand name. No permission is given in respect of the use of any such intellectual property rights, trading style or brand name.
18. Viruses and third party sites
18.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
18.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
18.4 We have no control over, and do not accept any responsibility for, the content of any third party website. If we include a link to any third party website, this doesn’t mean that we endorse or recommend the organisation which operates it. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
19. Contact
If you have any questions or complaints about our Website, please contact us at contact@jogiton.com. Any notices that we may wish to draw to your attention will be displayed on our Website or emailed to you.
20. Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within Great Britain and shall be governed by and interpreted in accordance with the law of England and Wales. The terms of these rules (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to it.
21. Events beyond our control
Jogiton Online Limited will not be in breach of these terms and conditions or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, pandemic, breakdown of systems or network access, flood, fire, explosion or accident.
22. Invalidity
If any part or parts of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
23. Entire agreement
These terms and conditions, together with any document expressly referred to within their provisions, contain the entire agreement between us relating to the subject matter covered and supersede any previous rules, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.